NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court."
Although it is posted on the internet, this opinion is binding only on the
parties in the case and its use in other cases is limited. R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-5179-16T4
V.S.,
Petitioner-Appellant,
v.
DIVISION OF MEDICAL ASSISTANCE
AND HEALTH SERVICES and BERGEN
COUNTY BOARD OF SOCIAL SERVICES,
Respondents-Respondents.
_________________________________
Submitted June 5, 2018 – Decided June 18, 2018
Before Judges Hoffman and Gilson.
On appeal from the Division of Medical
Assistance and Health Services, Department of
Human Services.
John Pendergast, attorney for appellant.
Gurbir S. Grewal, Attorney General, attorney
for respondent Division of Medical Assistance
and Health Services (Melissa H. Raksa,
Assistant Attorney General, of counsel; Angela
Juneau Bezer, Deputy Attorney General, on the
brief).
PER CURIAM
Appellant V.S. appeals from a June 12, 2017 final agency
determination by the Director of the Division of Medical Assistance
and Health Services (DMAHS) that denied her application for
Medicaid. We affirm.
I
Appellant is a nursing facility resident; her adult son is
her legal guardian, and she is represented by counsel. On November
25, 2015, appellant's authorized representative submitted a
Medicaid application with the Bergen County Board of Social
Services (BCBSS) on her behalf. The application stated appellant's
primary sources of income were social security and pension
benefits. It also stated she maintained TD Bank checking accounts,
Prudential investment accounts, and had recently sold a single
family home in Saddle Brook.
The BCBSS replied to appellant's application with a notice
requesting information verifying the information included in her
application; among other things, it requested bank statements from
August 2015 through November 2015. The BCBSS denied appellant's
application for failure to produce those documents1 after she
failed to respond to the notice. Appellant requested a hearing,
1
Specifically, the BCBSS denied the application for failure "to
provide [b]ank statements from [August] 2015 to [December] 2015."
2 A-5179-16T4
and subsequently, the matter was transferred to the Office of
Administrative Law.
On April 26, 2017, an administrative law judge (ALJ) issued
an initial decision and concluded the BCBSS properly denied
appellant's Medicaid application due to failure to produce the
requested documentation. Specifically, the ALJ rejected
appellant's arguments that state and federal regulations required
the BCBSS to obtain the documentation itself, rather than requiring
appellant to produce the documents.
On June 12, 2017, DMAHS issued a final agency decision
adopting the ALJ's initial decision. DMAHS found,
The credible evidence in the record
demonstrates that [appellant] failed to
provide the needed information prior to the
January 28, 2017 denial of benefits. Without
this information, [the] BCBSS was unable to
complete its eligibility determination and the
denial was appropriate.
. . . [DMAHS] agree[s] with the ALJ that
there is nothing in the state or federal law
that either excuses [appellant] from her
obligation to obtain documents needed to
verify her eligibility or requires [the] BCBSS
to obtain documents not available through the
[Asset Verification System] . . . .
This appeal followed.
II
An appellate court will not reverse the decision of an
administrative agency unless it is "arbitrary, capricious or
3 A-5179-16T4
unreasonable or . . . not supported by the substantial credible
evidence in the record as a whole." Barrick v. State, 218 N.J.
247, 259 (2014) (quoting In re Stallworth, 208 N.J. 182, 194
(2011)). In cases when an agency head reviews the fact-findings
of an ALJ, a reviewing court must uphold the agency head's findings
even if they are contrary to those of the ALJ, if supported by
substantial credible evidence. In re Silberman, 169 N.J. Super.
243, 255-56 (App. Div. 1979).
New Jersey participates in the federal Medicaid program
pursuant to the New Jersey Medical Assistance and Health Services
Act, N.J.S.A. 30:4D-1 to -19.5. Eligibility for Medicaid in New
Jersey is governed by regulations adopted in accordance with the
authority granted to the Commissioner of the Department of Human
Services. N.J.S.A. 30:4D-7. DMAHS is the agency within the
Department of Human Services that administers the Medicaid
program. N.J.S.A. 30:4D-5; N.J.A.C. 10:49-1.1. Accordingly,
DMAHS is charged with the responsibility for safeguarding the
interest of the New Jersey Medicaid program and its beneficiaries.
N.J.A.C. 10:49-11.1(b). DMAHS is required to manage the State's
Medicaid program in a fiscally responsible manner. See Dougherty
v. Dep't of Human Servs., 91 N.J. 1, 4-5 (1982).
The local county welfare agency (CWA), here the BCBSS,
evaluates Medicaid eligibility. N.J.S.A. 30:4D-7a; N.J.A.C.
4 A-5179-16T4
10:71-2.2(a), -3.15. Eligibility must be established based on the
legal requirements of the program. N.J.A.C. 10:71-3.15. The CWA
must verify the equity value of resources through appropriate and
credible sources. If the applicant's resource statements are
questionable or the identification of resources is incomplete,
"the CWA shall verify the applicant's resource statements through
one or more third parties." N.J.A.C. 10:71-4.1(d)(3).
"The process of establishing eligibility involves a review of
the application for completeness, consistency, and
reasonableness." N.J.A.C. 10:71-2.9. Applicants must provide the
CWA with verifications, which are identified for the applicant.
The applicant must "[a]ssist the CWA in securing evidence that
corroborates his or her statements . . . ." N.J.A.C. 10:71-
2.2(e)(2). The applicant's statements in the application are
evidence and must substantiate the application with "corroborative
information from" pertinent sources. N.J.A.C. 10:71-3.1(b).
The CWA must timely process the application. See 42
U.S.C. § 1396a(a)(3); see also 42 C.F.R. § 435.911(c); N.J.A.C.
10:71-2.3. It must send each applicant written notice of the
agency's decision on his or her application. N.J.A.C. 10:71-8.3.
The CWA should deny applications when the applicant fails to timely
provide verifications. See N.J.A.C. 10:71-2.2(e), -2.9, -3.1(b).
5 A-5179-16T4
III
On appeal appellant reiterates the arguments she presented to
the ALJ and DMAHS, alleging state and federal law require the
BCBSS to make an initial effort in obtaining the information it
requested from her. We disagree, and affirm substantially for the
reasons stated in the ALJ's initial decision, which DMAHS adopted.
Appellant first argues N.J.A.C. 10:71-2.2, -2.10, -4.1,
and -4.2 require DMAHS "caseworkers to assist Medicaid applicants
in exploring their eligibility" and "conduct [a] collateral
investigation to verify, supplement, or clarify essential
information." Appellant argues the BCBSS failed to contact her
financial institution to verify her resources, and therefore
erroneously denied her application.
Appellant's argument, however, ignores N.J.A.C. 10:71-2.2(e),
which provides:
As a participant in the application process
an applicant shall:
1. Complete, with the assistance from the CWA
if needed, any forms required by the CWA as a
part of the application process;
2. Assist the CWA in securing evidence that
corroborates his or her statements; and
3. Report promptly any change affecting his
or her circumstances.
[(Emphasis added).]
6 A-5179-16T4
DMAHS appropriately interpreted that regulation as requiring
Medicaid applicants to supplement their applications and verify
information CWAs find relevant. Here, the BCBSS requested
appellant provide bank statements, and when she failed to do so,
it correctly denied her application. Moreover, as the ALJ noted,
appellant's Medicaid application explicitly stated she did not
require assistance in its completion. Accordingly, DMAHS did not
act arbitrarily, capriciously, or unreasonably in denying her
application.
Appellant further argues that under 42 C.F.R. § 435.948(b),
the BCBSS had the "affirmative duty to obtain information
regarding" her eligibility. She argues the BCBSS breached that
duty when it failed to obtain her bank information via an
electronic asset verification system (AVS), or by other means.
See 42 U.S.C. § 1396w (requiring states to implement AVS).
42 C.F.R. § 435.948(b) provides: "To the extent that the
information identified in paragraph (a)2 of this section is
2
42 C.F.R. § 435.948(a) requires DMAHS to request financial
eligibility information "from other agencies in the State and
other States and Federal programs":
related to wages, net earnings from self-
employment, unearned income and resources from
the State Wage Information Collection Agency
(SWICA), the Internal Revenue Service (IRS),
the Social Security Administration (SSA), the
7 A-5179-16T4
available through the electronic service established in accordance
with § 435.949 of this subpart, the agency must obtain the
information through such service." 42 C.F.R. § 435.949, entitled
"Verification of information through an electronic service,"
applies to information available from "[f]ederal agencies and
other data sources, including the SSA, the Department of Treasury,
and the Department of Homeland Security."
Here, appellant inaccurately interprets the federal
regulations as requiring the BCBSS to obtain the requisite
supplemental information for her. There is no regulation that
requires agencies to obtain information about a Medicaid
applicant's bank records from an electronic service. See 42 C.F.R.
§ 435.952(c). There is also no regulation that precludes the CWA
from obtaining such information directly from the Medicaid
applicant. Ibid.
As the ALJ noted, "federal laws regarding [DMAHS's] use of the
AVS system do not apply [when] the information needed by the [CWA]
is not on the AVS system and [when] the documents needed by the
agencies administering the State unemployment
compensation laws, the State-administered
supplementary payment programs[,] . . . and
any state program administered under a plan
approved under Titles I, X, XIV, or XVI of the
Act[,and i]nformation related to eligibility
or enrollment from the Supplemental Nutrition
Assistance Program . . . .
8 A-5179-16T4
[CWA] (bank statements) are not obtainable from the AVS system,
but only from the bank itself." Here, the BCBSS requested
appellant provide bank account information — this is not data
available from federal agencies, but rather a private financial
institution.
Accordingly, appellant's arguments lack merit, and DMAHS did
not act arbitrarily or capriciously in denying her Medicaid
application.
Affirmed.
9 A-5179-16T4